- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title
- Section 601. Lost and Missing Documents.
previous: Section 509
. Receipt or Bill: When Adequate Compliance With Commercial Contract.
next: Section 602
. Attachment of Goods Covered By a Negotiable Document.
AS 45.07.601. Lost and Missing Documents.
- (a) If a document has been lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may, without liability to any person, comply with the order. If the document was negotiable,
the claimant must post security approved by the court to indemnify a person who may suffer loss as a result of
nonsurrender of the document. If the document was not negotiable, this security may be required at the discretion of
the court. The court may also in its discretion order payment of the bailee's reasonable costs and counsel fees.
- (b) A bailee who, without court order, delivers goods to a person claiming under a missing negotiable document is liable
to a person injured by the delivery and, if the delivery is not in good faith, is liable for conversion. Delivery in
good faith is not conversion if (1) made in accordance with a filed classification or tariff, or (2) no classification
or tariff is filed, if the claimant posts security with the bailee in an amount at least double the value of the goods
at the time of posting to indemnify a person injured by the delivery who files a notice of claim within one year after
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